Our Virginia Personal Injury Attorneys Have the Answers You Seek

You might be entitled to compensation under Virginia’s dog bite laws if you suffered injuries due to a dog bite or attack. However, you need to know how much your claim is worth when deciding whether to file a claim with the dog owner’s insurance company. There are two things you need to consider when valuing your claim:

• The amount of compensation you are entitled to under Virginia law
• How certain factors could increase or decrease your claim’s value

Types of Compensation You Can Recover in a Dog Bite Case

If a dog bit you, you are entitled to your past and future damages. Compensation you should receive in your settlement includes:

• Medical expenses, such as hospitalizations, surgeries, doctor visits, physical therapy, and medications
• Lost wages, benefits, and perks of your job, and lost earning capacity damages if you are permanently disabled
• Pain, suffering, and emotional distress damages 
• Property damages

Factors That Can Affect Your Claim’s Value

Certain factors can strengthen your dog bite claim and make its value higher. Other ones can weaken your case and reduce its value. Here are factors you need to consider when valuing your claim:

• Seriousness of your injuries. If you suffered serious injuries that will require long-term care or are permanent, the value of your claim will be higher because you will be entitled to more compensation for your medical expenses, lost wages, and pain and suffering.
• Disputes with the insurance company. If the insurance company raises legitimate concerns about the dog owner’s liability or the seriousness of your injuries, this could reduce the value of your claim. However, you need to be wary when they raise issues because they may be using bogus arguments to deny your claim or try to get you to accept less in damages for your settlement.
• Your fault. If you were partially at fault for causing the dog to bite you, this could significantly weaken your case. Virginia follows a harsh contributory negligence law that would bar you from recovering any compensation if you were even one percent to blame for the attack.

Let Our Norfolk Attorneys Help You Value Your Claim

The best way to accurately determine how much your claim is worth is to hire an experienced dog bite attorney to value it for you. They will also collect the evidence you need to hold the dog owner and other liable parties responsible for compensating you and fight with their insurance company so that you receive what you are entitled to in your settlement. To find out how we can help, call our Norfolk office at 877-960-3441 or fill out our online form to schedule your free consultation today.

Related Links: Six Important Steps to Take If You’re Bitten by a Dog How to Find Out If a Dog Owner Has Insurance for a Dog Bite Expert Witnesses You May Need in a Dog Bite Case

A slip and fall accident can happen at any time and place, including when you are in another state for business, vacation, or visiting friends or family. If your accident happened in Virginia, you may have a right to compensation for your injuries if a property or business owner’s negligence caused your fall. To achieve the best outcome in your case, you will need to retain an experienced premises liability lawyer.

However, it can be confusing to know whether to hire an attorney in the state where you live or in Virginia where your accident occurred. Here are four reasons you should retain a lawyer in our Commonwealth.

Why it Is Best to Retain a Local Attorney

There are many benefits to hiring a lawyer in the state where your slip and fall accident occurred. They include:

• Licensed in Virginia. While many slip and fall claims are settled out of court, not all are. Only a lawyer licensed to practice law in Virginia can file your lawsuit for you and litigate your claim.
• Knowledge of the law. Your right to compensation for your injuries will be governed by Virginia law. A local attorney will have a better understanding of the laws that apply to your case than a lawyer who practices law in another state.
• Understanding of local rules and practices. Even if an attorney in your home state is licensed to practice law in Virginia, they will not have as good of an understanding of the local court rules and practices where your lawsuit would be filed. An understanding of these procedures will make your case go smoother and be resolved quicker.
• Consistency in your claim. You may be considering hiring an attorney where you live to try to settle your claim and then retain a lawyer in Virginia if you have a lawsuit. However, this is not the best approach for your case. You are more likely to settle your case for all the damages you are entitled to if you retain one attorney to represent you. While trying to negotiate your settlement, they would also collect the evidence you need and develop a consistent strategy to win your case.

Were you injured in a slip and fall accident in Norfolk or Virginia Beach? Do you live in another state? At Tavss Fletcher, we will make it as easy as possible for you to pursue your claim as an out-of-state resident. To learn more about how we can assist you and your rights under Virginia law, call our office at 877-960-3441 or fill out our online form to schedule your free consultation today.

Related Links: How Settling a Slip and Fall Accident Claim Works What You Need to Prove to Win Your Slip and Fall Accident Case Why Not to Accept a Quick Settlement of Your Premises Liability Claim

 

You could suffer serious injuries, such as broken bones, back injuries, or traumatic brain injuries in a slip and fall accident at the rental property where you live. This may lead to expensive medical treatments and being off work for months or longer while you recover. Depending on why you fell, you may be able to hold your landlord liable to compensate you for your injuries.

A Landlord’s Duty to Maintain Rental Properties

In Virginia, landlords have a duty to maintain their rental properties in a reasonably safe condition and not allow hazardous conditions to exist on the property. When they breach this duty and a tenant, or their guest, is injured in a slip and fall accident, they may be responsible for compensating the victim for their medical expenses, lost wages, and pain and suffering.

There are many ways that a landlord can breach their duties to tenants that cause slip and fall accidents. Common examples include:

• The landlord failed to fix broken lighting or provided inadequate lighting for the property.
• The landlord failed to repair leaking plumbing or a leaking roof.
• The landlord failed to replace cracked or broken flooring, or worn carpet.
• The landlord did not repair or replace a loose or broken handrail or damaged steps.
• The landlord allowed cracks and potholes to exist in the parking lot.
• The landlord failed to remove snow or ice from the parking lot, sidewalks, or entrances to the rental property.

Importance of Proving the Landlord Knew of the Dangerous Condition

Landlords are not always liable if a tenant falls at their rental property. In order to hold them responsible for their slip and fall accident, a tenant would need to prove that their landlord knew or should have known of the hazard and failed to correct the problem or post a warning sign of the danger within a reasonable amount of time.

Proving a landlord knew or should have known about an unsafe condition can be challenging. Some of the ways a tenant can establish this include:

• Their testimony that they told the landlord about the problem or sent them an email or letter informing them of it
• Testimony of other tenants who reported the hazardous condition to the landlord
• Landlord’s inspection records of the property
• Employee statements
• Photos of the dangerous condition
• Building inspection reports
• Other business records of the landlord

If you suffered injuries in a slip and fall accident at a rental property, you need the assistance of an experienced premises liability attorney to prove your case and go up against the insurance company so that you receive all the compensation you deserve. At Tavss Fletcher, we handle these cases on a contingency fee basis, so you only owe us attorney fees when we settle your claim. Contact our office to schedule a free case evaluation to learn about your rights and how we can help you.

Related Links: How Settling a Slip and Fall Accident Claim Works What You Need to Prove to Win Your Slip and Fall Accident Case Why Not to Accept a Quick Settlement of Your Premises Liability Claim

 

You could suffer serious injuries, such as broken bones, spinal cord injuries, or traumatic brain injuries, in a slip and fall accident at any time and place. If you are like many victims, you might blame yourself for your fall.

However, most slip and fall accidents are caused by dangerous conditions on the property. If you were hurt in a slip and fall accident at a business or on private property, you need to know the common negligent actions that may have caused your injuries and may entitle you to compensation from the business or property owner.

Leading Causes of Slip and Fall Accidents

In order to hold the owner responsible for compensating you for your injuries, you must prove that they knew, or should have known, about a dangerous condition on their property and failed to correct it. Common ways that a property owner or business causes slip and fall accidents include:

• Wet surfaces and spills. Owners have a duty to clean wet surfaces, such as wet and icy entrances, sidewalks, parking lots, and spills on floors. When they fail to do so, an unsuspecting guest could slip and fall.
• Defects in flooring. One of the most common causes of falls is when a property owner or business fails to maintain its flooring properly. Bulging and torn carpeting and cracked and uneven flooring can create a fall hazard if not repaired or replaced.
• Debris and other hazards. Debris and trash left strewn on floors and electrical cords running along areas where people must walk can be an unsafe tripping hazard.
• Inadequate lighting. When the lighting is poor in a parking lot or inside a building, it can be impossible for a victim to see a pothole, wet surface, dangerous handrail or stairs, or other hazards to avoid a fall.
• Stairs. Stairways can become very dangerous if the stairs are broken and worn, or there are missing or loose handrails. An individual can suffer life-altering injuries in a fall on stairs.
• Inadequate training. Business owners have a duty to train their employees on how to properly maintain the property and correct hazardous conditions when they arise. If they breach this duty, the dangerous conditions discussed above can be allowed to remain on the property and result in patrons being injured due to a fall.
• Lack of warnings. If an owner cannot correct a hazardous condition immediately, they must post a warning to alert guests to avoid the danger. When they fail to do this, they can be responsible for compensating a victim who suffered injuries.

How to Know If Your Injuries Were Caused by Negligence

It can be difficult to determine if you fell at a business or someone’s property due to their negligence. You need the help of an experienced premises liability lawyer who can investigate the cause of your fall and collect the evidence you need to win your case. Fill out our convenient online form or call our Norfolk office to schedule a free consultation to learn how we can assist you.

Related Links: Why the Insurance Company Could Deny Your Premises Liability Claim How Settling a Slip and Fall Accident Claim Works What You Need to Prove to Win Your Slip and Fall Accident Case

 

If you suffered injuries on a property or business owner’s property, you may be wondering what type of claim you have to be compensated for your injuries. Do you have a slip and fall or premises liability claim? What’s the difference between the two?

A slip and fall accident is a type of premises liability case where the victim suffers injuries caused by slipping, falling, or tripping due to a hazardous condition. You are entitled to the same types of compensation as in other premises liability accidents.

Types of Premises Claims

A premises liability claim arises when a business or property owner fails to maintain their property in a safe condition and someone is injured. A slip and fall accident is the best-known type of premises liability case. However, other injury claims that fall under the umbrella of premises liability, such as:

• Negligent security. A property or business owner could be held liable for negligent security if they failed to provide adequate security and a victim was assaulted, robbed, or attacked in another way.
• Dog bite. If a dog bites or attacks someone, their owner could be liable to compensate the victim under Virginia’s dog bite laws.
• Toxic chemical exposure. If the negligence of a property or business owner causes individuals to be exposed to toxic chemicals, they may be liable to compensate those who suffered injuries due to the exposure.
• Swimming pool. Individuals may need to pursue a premises liability claim if they suffer injuries in a slip and fall, drowning, or other accident at a swimming pool.
• Elevators and Escalators. Victims can suffer catastrophic injuries or death in an elevator or escalator accident if the elevator or escalator is not properly maintained or repaired.

How to Prove Negligence in a Premises Liability Accident

If you were injured in a slip and fall or other type of premises liability accident, you must prove that the owner’s negligence caused your accident and injuries. To establish negligence, you must show the following:

• The property or business owner owed a duty to you. The owner has a duty to maintain the property in a reasonably safe manner, correct dangerous conditions promptly, and post warning signs if they are unable to remove a hazard quickly under Virginia law.
• The owner knew or should have known of the dangerous condition and breached their duty of care to you by failing to rectify the problem or post a warning sign.
• The breach of the owner’s duty caused your injuries.
• You suffered injuries and are entitled to damages.

Were you injured in a slip and fall or other premises liability accident? Our experienced premises liability attorneys are here to answer your questions, collect the evidence you need to prove the property or business owner’s negligence, and fight with their insurance company to obtain all the compensation you deserve. To get started, call our Norfolk office to schedule your free consultation today.

Related Links: Types of Evidence Needed in a Premises Liability Case How a Premises Liability Case Works Types of Compensation Awarded in Premises Liability Cases

 

If you were hurt in a slip and fall or other premises liability accident, one of your first steps should be to seek prompt medical treatment. This protects your health and avoids disputes with the insurance company for the property owner about what caused your injuries and how serious they are.

However, it can be distressing to find out that your primary care doctor does not want to treat the injuries caused by your accident. Here are some common reasons physicians make this decision.

Why Your Physician May Not Treat Your Injuries

The reasons your doctor may tell you that they will not see you often have nothing to do with you. This is a common response of many primary care doctors when their patients are a victim of a premises liability or car accident.

Primary care doctors have many reasons for this decision. Here are a few of the most common reasons:

• Specialist. You could suffer serious injuries in a premises liability accident, such as traumatic brain injuries, fractures, back injuries, or spinal cord injuries. Your doctor may not be qualified to treat your injuries and may refer you to a specialist.
• Insurance company. It can be more complicated to submit bills for injuries caused in a premises liability accident to the insurance company than to a health insurance provider. Your physician may not want to go through the hassle of dealing with the insurance company or waiting to receive their payment, which is common in these cases.
• Litigation. Your doctor may not want to be involved in a lawsuit if you are unable to reach a settlement with the insurance company. They may not want to take the time it would take to give a deposition or testify at your jury trial.
• Lien. Your physician may have to wait to be paid out of your settlement proceeds. They may not want to agree to have a lien on your settlement and wait months or longer for your bills to be paid.

What You Should Do If Your Doctor Does Not Want to Treat You

Getting the medical care you need for your injuries strengthens your claim and will help you obtain all the compensation you deserve from the insurance company. If your physician refuses to see you, you will need to find another doctor. Here are ways to do this:

• Ask your primary care doctor for a referral to a specialist or another physician who deals with injuries caused in premises liability accidents.
• Ask your family, friends, and co-workers for recommendations of doctors who will treat your injuries.
• Retain an experienced premises liability attorney. They may have a network of qualified physicians who see accident victims and can refer you to one.

Were you or a family member hurt in a premises liability accident in Virginia Beach or Norfolk? Call our Norfolk office to schedule a free consultation today to learn how our dedicated legal team can assist you.

Related Links: Types of Evidence Needed in a Premises Liability Case Should I Sign a Medical Release for the Insurance Company? How a Premises Liability Case Works

 

If you are injured in a slip and fall accident out of state, your vacation or business trip could be ruined. You may need to file a claim for compensation with the negligent property or business owner’s insurance company.

Filing your claim can be more confusing and complicated if your accident did not occur where you live. Here are the steps you will need to take if you pursue damages for an out-of-state slip and fall accident.

What Laws Will Apply to an Out-of-State Slip and Fall Claim?

The laws in the state where your slip and fall accident happened will apply to your claim. They will determine many aspects of your case, such as how long you have to file a lawsuit, the types of compensation you can recover, and how your own negligence could affect your claim.

What Steps Should You Take After an Out-of-State Slip and Fall Accident?

If you were hurt in a slip and fall accident while in another state, you will need to take the same steps you would take if your fall occurred where you live. However, it is even more crucial to take these actions right away if you were injured out of state because it may be much more difficult or impossible to take them once you return home. Here are important first steps you should take:

• Obtain immediate medical care. Even if you do not think you were hurt, getting prompt medical treatment protects your health and avoids disputes with the insurance company over the cause of your injuries. You should be examined by a physician within 48 hours of your fall.
• File an accident report. File an accident report with the business or property owner right after your slip and fall accident happens and obtain a copy of it. If they won’t give you one, take a picture of it with your cell phone camera.
• Collect contact information. You should obtain the contact information for the owner, their insurance company, and any eyewitnesses to your fall.
• Take photos. You should take photos of the accident scene that show the dangerous condition that caused you to fall and the lack of a warning sign of the danger. You need to do this right away before the owner or staff removes the hazard.
• Obtain surveillance camera footage. If there is any surveillance camera footage that shows the location where you were injured or your accident as it occurred, you need to obtain it quickly before it is taped over or destroyed.
• Hire a lawyer. You need to retain an experienced premises liability attorney as soon as possible to file your claim and to fight with the insurance company to obtain the compensation you deserve. You should select a lawyer in the state where your fall occurred. They will know the laws that apply to your claim and the procedures you must follow if you must file a lawsuit.

Were you injured in a premises liability accident in Virginia Beach or Norfolk? Fill out our convenient online form to schedule a free consultation to learn how we have helped other slip and fall accident victims and how we can assist you.

Related Links: What You Need to Prove to Win Your Slip and Fall Case How a Slip and Fall Accident Settlement Works Types of Evidence Needed in a Premises Liability Case

 

If you suffered injuries in a slip and fall accident on someone’s property or at a business, you may be entitled to compensation for your injuries if the owner’s negligence caused you to fall. There is no set deadline to report your accident to the property or business owner in Virginia.

However, you should file your accident report as soon as possible after your slip and fall accident. Taking this important step will strengthen your case and help you obtain the maximum recovery in your settlement.

How Filing an Accident Report Helps Your Claim

You should file an accident report even if you do not believe you suffered any injuries or think your injuries were minor. Here are four ways filing a report will make your claim for compensation stronger:

1. It puts the property or business owner on notice that you suffered apparent or possible injuries in a slip and fall accident on their property.
2. Filing a report can help you avoid disputes with their insurance company about whether or not your slip and fall accident occurred.
3. You provide the owner with your contact information and can obtain the contact information for their insurance company, which you will need to file your claim.
4. The accident report will provide details of how your fall happened while they are still fresh in your mind.

You should obtain a copy of the accident report for your records. If the owner will not or cannot provide you with a copy, take a picture of the report with your cell phone camera. You should write up a statement with all the important details of your fall if the property or business owner does not have a form for you to complete.

What Happens If I Did Not File an Accident Report?

If you did not file an accident report because you didn’t know that you needed to, this does not mean that you cannot file a claim with the negligent owner’s insurance company. However, you need to be prepared for disputes with the insurance company about how you were injured and their liability to pay you.

Were you or a family member injured in a slip and fall accident in Virginia Beach and Norfolk? Call our Norfolk office to schedule a free consultation with our experienced premises liability lawyers to learn how we can help you obtain the compensation you deserve for your injuries.

Related Links: What You Need to Prove to Win Your Slip and Fall Case How a Slip and Fall Accident Settlement Works Essential Information to Include in Your Accident Report

 

If you were injured in a premises liability accident, you should retain a knowledgeable premises liability attorney to negotiate your settlement with the negligent property or business owner’s insurance company. Once you hire an attorney, it is important to understand that you are a team working toward the goal of getting all the compensation you deserve for your injuries. Here are four ways you can help win your case.

#1: Respond When Your Lawyer Contacts You

You want your attorney to get back to you quickly when you have questions or need to be updated on the status of your case. Your lawyer needs you to do the same if they call, write, or email you. If you do not contact them, you may hurt your case or lose a time-sensitive settlement offer.

#2: Follow Up on Your Medical Care

If you want to build a strong case, you need to attend all of your doctor and medical appointments and follow your physician’s advice on your treatment. You would make it harder for your lawyer to convince the insurance adjuster of the seriousness of your injuries if you miss appointments, have large gaps in your medical treatments, or do not follow the recommendations of your physician.

#3: Cooperate in the Discovery Process

You may need to file a civil lawsuit if the insurance company does not offer you a reasonable settlement or the statute of limitations, which is the deadline you have to file your lawsuit, will expire soon. You may need to answer written questions, referred to as interrogatories, produce documents, and have your deposition taken as part of the discovery process.

You help your lawyer by answering any discovery requests thoroughly and quickly. You also need to meet with them to prepare for your deposition. If you do well when giving your deposition, you make it much easier for your attorney to obtain all the damages you are entitled to in a settlement or at a jury trial.

#4: Be Truthful

You must be honest with your lawyer. Do not hide details about your accident, lie, or exaggerate your injuries. If your lawyer finds out you were not being truthful from the insurance company or their attorney, this could significantly weaken your claim and the amount of compensation you will be able to recover.

If you were injured in a premises liability accident in the Virginia Beach or Norfolk areas, our experienced premises liability attorneys are here to go up against the insurance company for the compensation you deserve. Call our Norfolk office to schedule your free, no-obligation consultation to get started.

Related Links: How Long Will it Take to Settle My Premises Liability Case? How a Slip and Fall Accident Settlement Works Types of Evidence Needed in a Slip and Fall Accident Case

 

When you settle your premises liability claim, it is important to understand whether you will owe taxes on your proceeds so that you do not get into trouble with the Internal Revenue Service (IRS). Unfortunately, it can be complicated to figure this out because some parts of your settlement may be taxable, while others are not. Here is what you need to know so you can plan ahead for any taxes you may owe.

Compensatory Damages That Are Not Taxed in Premises Liability Cases

In general, settlements in personal injury cases for injuries suffered by the victim are not taxable. You will not owe taxes on the portion of the compensation you receive that is to pay you for the physical injuries you suffered in the premises liability accident. The following amounts would be tax-free:

• Past and future medical expenses
• Property repairs or replacement
• Pain, suffering, and emotional distress related to your physical injuries
• Wrongful death damages
• Legal fees

Compensation That Could Be Taxable in Your Settlement

There are some types of damages awarded in premises liability cases that could be taxable. They include:

• Interest. If you are awarded interest on your settlement amount, the interest would be taxable income.
• Lost wages. You are entitled to recover your lost wages and lost earning capacity if you must make a career change or are unable to work due to your injuries. The IRS considers these types of damages as income and would require you to pay taxes on them.
• Punitive damages. Punitive damages are awarded to punish the negligent party when their actions were grossly negligent. They are rarely awarded in premises liability cases. However, if you receive them, you should expect to pay taxes on this portion of your settlement.
• Pain and suffering with no injuries. Although damages for pain, suffering, and emotional distress are generally not taxed, they are taxable if you did not suffer any physical injuries.

Were you or a family member injured in a premises liability accident in the Virginia Beach or Norfolk area? Our experienced premises liability lawyers are dedicated to helping you recover all the compensation you are entitled to in your settlement with the negligent property or business owner’s insurance company. To learn more about how we can assist you, call our Norfolk office to schedule your free consultation today.

Related Links: How Long Will it Take to Settle My Premises Liability Case? How a Slip and Fall Accident Settlement Works Types of Evidence Needed in a Slip and Fall Accident Case

 

When you and the negligent property or business owner’s insurance company agree on the amount of compensation you will receive for your injuries in your premises liability accident, you will need to go through a few more steps before you get your check. One important document you will need to sign is a release of all claims form.

What Is a Release of All Claims Form?

A release of all claims form is a document prepared by the insurance company that absolves the parties of liability after a premises liability accident. When you sign the document, you are dismissing your claim and agreeing that you cannot file a claim for your injuries in the future. The negligent party’s insurance company will require you to sign this legal document before they will release the settlement proceeds to you.

What Information Is Contained in a Release of All Claims Form?

While every insurance company will use their own release of claims form, there is some common information in most of them. The release of claims form you will be asked to sign will most likely include the following:

• Details of your premises liability accident
• Your claim for your injuries and any property damages
• Identification of the parties to the settlement
• Amount of money you are receiving
• What law governs

In addition, you are waiving important legal rights in the release of claims form in exchange for the settlement proceeds that the insurance company will pay you. You are releasing the insurance company and the negligent party from:

• Obligation to pay. By signing the release, you are giving up the right to receive future damages for your injuries. If you later discovered your injuries were more serious than you thought, you would not be able to reopen your claim to obtain more money.
• Right to file a lawsuit. You are also waiving your right to file a lawsuit against the negligent property owner or business responsible for your accident.
• Non-admission of fault. The release of claims forms will provide that no party is agreeing that they are liable for your injuries. You are releasing them from liability by signing the document.

You should never agree to a settlement or to sign a release of all claims form or other document from the insurance company without first consulting with an experienced premises liability attorney.

If you were injured in a premises liability accident, we’re here to help. Call our office or fill out our convenient contact form to schedule your free consultation today.

Related Links: How Long Will it Take to Settle My Premises Liability Case? How Much Is My Claim Worth? Expert Witnesses Helpful in Premises Liability Cases

 

If the insurance company for the negligent property or business owner offers to settle your premises liability case soon after you file your claim, you may be tempted to accept their offer in order to pay your medical bills and replace your lost wages. However, it is rarely a good idea to accept a quick settlement. Here are three reasons why you should say no to the first offer you receive.

Reason #1: You Don’t Know How Much Compensation You Should Receive

Soon after your accident, you cannot know the compensation you should receive for your past and future medical expenses, lost wages, and pain and suffering. You can only determine this once you reach your maximum medical recovery. This is the stage in your medical treatment where you have fully recovered or recovered as much as you can, and your doctor can tell you what future medical care you will need and whether you can return to work.

Reason #2: The Offer Will Be Too Low

The insurance company is most likely trying to get you to settle your case quickly so that they can pay you much less than the compensation you deserve for your injuries under Virginia law. Once you settle your claim, your settlement would be a final resolution of your claim. You could not reopen your case if you later found out that your injuries were more serious than you originally thought.

Reason #3: There May Be Disputed Issues

If the insurance company disputes their liability to pay you or the seriousness of your injuries, they may make a low-ball settlement offer. However, if you hire an experienced premises liability lawyer, they can provide the insurance company with additional evidence to resolve the dispute and convince them of their obligation to pay you all the damages you are entitled to.

What Should You Do If the Insurance Company Offers to Settle Your Claim?

You should never accept a settlement offer from the insurance adjuster or sign any documents until you consult with a knowledgeable premises liability attorney. They will be able to accurately value your claim and be certain that you do not waive important legal rights by settling your case or signing insurance company documents.

If you suffered injuries in a premises liability accident, our skilled and compassionate lawyers are here to help. To get started, call our Norfolk office or fill out our convenient online form to schedule your free, no-obligation consultation.

Related Links: How Long Will it Take to Settle My Premises Liability Case? How Much Is My Claim Worth? Expert Witnesses Helpful in Premises Liability Cases

 

If you were injured in a slip and fall accident at someone’s property or a business, an experienced premises liability attorney can help you receive a fair settlement from the insurance company. In order to find a qualified lawyer that you believe you can trust to fight for your rights, you should take advantage of the free initial consultation that most lawyers offer. If you want to get the most out of your meeting, you should bring the right documents to your meeting.

Documents to Bring to Your Initial Consultation

You should be organized when you go to your first meeting with your lawyer. The purpose of this appointment is to get legal advice about your right to compensation for your injuries and to determine if you want to hire this attorney. They can give you better advice on your claim if you bring these documents with you:

• Accident report. Hopefully, you reported your slip and fall accident immediately to the property or business owner, and an accident report was prepared. It could include important details, such as how your fall occurred and witnesses to it, that can help you prove the cause of your accident and that you suffered injuries.
• Pictures and video. If you took pictures or videos that show the dangerous condition that caused your fall and injuries, they can help the lawyer understand more about how your accident happened and how the owner’s negligence caused it.
• Medical records. You should bring your medical records for any treatments you have received, along with your medical bills. This will document how serious your injuries were and the types of medical care you need.
• Wage loss documents. If you missed time off work due to your injuries, you are entitled to be compensated for your wage losses in your settlement. You should bring your pay stubs, documentation of the days you were off work, and your tax return to your appointment.
• Contact information. Bring the contact information for the property or business owner, their insurance company, and any witnesses to your slip and fall accident.
• Communications with the insurance company. If the insurance company for the owner has already contacted you, bring any written communication, such as letters and emails, to your appointment.

You should also have a list of questions prepared so that you can interview the lawyer about their experience handling slip and fall accident cases, how they will keep you informed about your claim, and how much it will cost to retain them.

Were you injured in a slip and fall or other premises liability accident in Norfolk? Call our office to schedule a free consultation with our premises liability accident lawyers to learn about our track record of success in helping clients like you and how we can assist you.

Related Links: How Much Does a Premises Liability Attorney Cost? How Long Will it Take to Settle My Premises Liability Case? Tips for Selecting an Experienced Premises Liability Attorney

 

It is not easy to know how long it will take to resolve your dog bite claim because every case is unique. However, there are some common factors in these cases that can make it take longer to settle your claim. Understanding what they are can give you a better sense of how long you may have to wait to receive your money.

Factors That Affect How Long it Will Take to Settle Your Dog Bite Claim

Under Virginia dog bite laws, you may be entitled to compensation for your past and future medical expenses, lost wages, and pain and suffering from the dog’s owner. However, it may not be easy to reach a settlement for what you deserve with their insurance company. Here are some factors that can affect how long this process will take:

• Your recovery. It is important to wait until you fully recover from your injuries, or as much as you will, to settle your case. You cannot know how much you should receive in your settlement for your future medical expenses, lost wages, and pain and suffering until you reach this stage of your medical treatment.
• Seriousness of your injuries. If you suffered serious injuries, the value of your claim will be higher. You may need to fight longer and harder to convince the insurance company to pay you all the compensation you deserve than if you suffered a minor injury.
• Litigation. If the insurance company refuses to be reasonable or the statute of limitations, which is the time period to sue, will expire soon, you will need to retain an experienced premises liability attorney to file a lawsuit against the dog owner. It can take longer to go through the litigation process, although it is still likely that your case will be settled before it goes to a jury trial.

If you suffered injuries in a dog attack, our skilled premises liability lawyers are here to explain your options to you and how long it could take to settle your case. To get started, call our Norfolk office to schedule a free consultation today.

Related Links: How a Premises Liability Case Works Six Important Steps to Take If You’re Bitten by a Dog How to Find Out If a Dog Owner Has Insurance for a Dog Bite

Under Virginia dog bite laws, dog owners are liable to compensate victims if they knew or should have known their dog was dangerous or aggressive, failed to use reasonable care to control their dog, or violated a law or ordinance relating to the dog’s care. Depending on the circumstances surrounding a dog bite, other parties, in addition to the owner, could face liability. If you were injured in a dog attack, you need to identify all the responsible parties if you want to obtain the maximum recovery you are entitled to.

Parties Who May Liable in a Dog Bite Case

Even if you have a strong case against the dog owner, they may not have enough insurance to compensate you for your injuries fully. That is why it is so important to pursue claims against other liable parties if there are any. Who is liable will depend on the facts in your case. However, here are some parties who may face responsibility:

• Dog owner. In most cases, the dog owner would be partially or fully responsible if their dog bit you.
• Dog keeper. If someone was taking care of the dog at the time of the attack, they could face liability if they knew or should have known of the dog’s dangerous tendencies or failed to reasonably control the dog, and this caused the victim’s dog bite. Violation of a local dog ordinance could be another way to hold them liable.
• Landlord. A landlord has a duty to protect against dangerous conditions on their property, which can include aggressive dogs. They also have a duty to regularly inspect for hazardous conditions and to take steps to protect others from these dangers. If they breach these duties, they can be liable to compensate a dog bite victim.
• Parents. If a child under 18 years old owned or was taking care of a dog who bit you, they might not be held responsible due to their age. However, their parents could be responsible depending on the circumstances surrounding the attack.
• Business. If the dog attack occurred on business property, the business owner might have breached their duty to protect against dangerous conditions and be an additional party to pursue a claim against.

Did you or a loved one suffer a dog bite in Norfolk or Virginia Beach? Our experienced premises liability attorneys can identify all the liable parties and pursue claims on your behalf. To learn how we will aggressively fight for your rights, fill out our convenient online form on this page to schedule your free consultation today.

Related Links: Expert Witnesses Helpful in Premises Liability Cases Compensation You May Receive in a Premises Liability Case How to Find Out If a Dog Owner Has Insurance for a Dog Bite

 

Elevator accidents can be a frightening experience, and more than one party’s negligence could have caused the elevator to malfunction. If you need to file a claim for compensation for your injuries, it is important to identify all liable parties if you want to win your case and recover all the compensation you deserve for your injuries.

Common Causes of Elevator Accidents

There are a number of reasons that victims suffer injuries in elevator accidents. You need to understand the common causes of elevator breakdowns in order to identify who to sue. Leading reasons for these tragic accidents include:

• Mis-leveling
• Defective elevator doors
• Excessive speeds
• Falls into shafts
• Elevator malfunctions

Who Could Be Liable in an Elevator Accident?

The liable parties in your case will depend on the specific facts surrounding your elevator accident. However, these three parties are typically responsible:

• Building owner and lessee. The building owner and lessee of the premises have a duty to keep the property and its elevators in a safe condition and to warn guests of any dangerous conditions. If they failed to inspect or maintain the elevator—which is frequently true in elevator accidents—or notify guests of hazards, they could be liable for compensating you for your injuries.
• Maintenance companies. Owners and lessees typically hire maintenance companies to perform regular inspections of the elevator, perform maintenance, and make necessary repairs. When these parties do not spot a potential problem or fail to repair it, they can be held legally liable.
• Manufacturer or seller. If your accident was caused by an elevator design or manufacturing defect, you may be able to hold the manufacturer and seller responsible for compensating you in a product liability lawsuit.

If you or a family member were injured in an elevator or other premises liability accident in Virginia Beach or Norfolk, our skilled and dedicated premises liability lawyers are here to identify all liable parties and fight for the compensation you deserve. Call our office to schedule a free consultation to learn more about how we can help you.

Related Links: How Long Will it Take to Settle My Premises Liability Case How a Premises Liability Case Works Compensation You May Receive in a Premises Liability Case

 

If you are injured in a premises liability accident at a grocery store, mall, gas station, or other business, you may be entitled to compensation for your injuries under Virginia law. However, proving a premises liability case is not as easy as you may think. Here is how you can show that the business owner was negligent in causing your accident.

What You Must Prove to Win Your Case

When you file your claim with the at-fault business’ insurance company, you will need to convince them of their liability before they will offer you a fair settlement. You do this by establishing all these elements of a negligence claim:

• There was a dangerous condition on the property.
• The owner knew or should have known of the hazardous condition and did nothing to remove the danger or post a warning to guests.
• You were injured because of the dangerous condition on the property.
• You suffered damages due to your injuries.

How to Show the Business Owner’s Knowledge of the Dangerous Condition

One of the hardest challenges in a premises liability case is showing that the business owner knew or should have known of the hazardous condition that caused the accident. Proving all or some of the following can help you do this:

• The dangerous condition existed for a long enough time period that the owner knew or should have known about it.
• The business had no or insufficient procedures for checking for hazards and promptly removing them.
• The business had no or insufficient procedures for warning guests of a dangerous condition when they could not immediately remove it.
• The details of how the condition that led to your accident was caused.
• The steps that the owner took to remove the dangerous condition or warn others of it before your accident and afterward.

Photos of the accident scene, witness testimony, business records, video surveillance tapes, employee statements, and other evidence can you establish these facts that prove the owner’s negligence.

How to Get the Evidence You Need to Win Your Case

The business owner and its insurance company will not voluntarily turn over their records to you. You need the help of an experienced premises liability lawyer if you want to prove your case and receive all the compensation you deserve in your settlement. To learn how we can help you, call our Norfolk office and schedule a free consultation today.

Related Links: How Long Will it Take to Settle My Premises Liability Case 7 Steps to Take Following a Slip and Fall Accident Expert Witnesses Helpful in Premises Liability Cases

 

If you are injured in a slip and fall or other premises liability accident and file a claim for compensation with the insurance company, they will assign an insurance adjuster to investigate and settle your claim. As part of their investigation, the adjuster may ask you to sign an authorization for release of your medical records to them.

While this request may appear innocent, you should not agree to it. You could seriously weaken your claim and have to accept less than you deserve in your settlement.

Two Reasons Not to Sign the Insurance Company’s Medical Authorization Release

Because your injuries are the basis of your claim with the insurance company, your medical records are essential to proving the seriousness of your injuries and the damages you are entitled to. However, the medical authorization forms that insurance companies use are blanket authorizations that request all of your medical records, not just the ones associated with your accident. You do not have to give them access to your entire medical history to settle your claim.

So why does the insurance adjuster want you to sign their medical release? They may be looking for information that they can use to deny your claim or pay you less money. Here’s how they use medical records to do that:

• Pre-existing injuries. The insurance adjuster would look at your medical records for pre-existing injuries you suffered. If they find any, they could use the information to argue that your current injury was caused by a prior incident and not your premises liability accident.
• Inconsistent statements. The insurance company may review your doctor’s notes for statements you made that are inconsistent with what you told them or others. They may use your statements to argue that you are not a credible witness or that your injuries are not as serious as you claim.

What Is the Best Way to Handle the Insurance Company’s Request for Your Medical Records?

You should never sign any legal documents—including the insurance company’s medical authorization—without first consulting with an experienced premises liability attorney. They can revise the authorization so that it only releases the medical records that the insurance company truly needs or can provide them with these records on your behalf.

Your lawyer can also take over communications with the insurance company so that you do not make other inadvertent mistakes that may hurt your case. They will also negotiate your settlement so that you receive all that you deserve in your settlement.

Were you injured in a premises liability accident in Norfolk? Call our office to schedule your free case evaluation to learn about your options and how we can help you.

Related Links: How Long Will it Take to Settle My Premises Liability Case Should I Talk to the Insurance Adjuster After a Premises Liability Case? Compensation You May Receive in a Premises Liability Case

 

If you were injured in a slip and fall or other premises liability accident, you may consider filing a claim with the negligent property owner’s or business’ insurance company. It is important to understand how much your claim is worth. This helps you know whether it is worth your time and energy to pursue your right to compensation and whether you are getting a fair settlement from the insurance company.

Types of Compensation You Can Receive in a Premises Liability Settlement

Part of the determination of how much your claim is worth is based on the amount of compensation you are entitled to under Virginia law. The negligent party is responsible for paying you for your past and future damages. Types of compensation awarded in these cases include:

• Medical expenses
• Lost wages and lost earning capacity
• Pain and suffering
• Wrongful death damages if a family member died

Factors That Affect the Value of Your Claim

Most premises liability cases are settled either before or during litigation. However, not all victims receive the maximum amount in their settlement. Certain factors can make your case stronger or weaker and increase or decrease the value of your claim. Some of these factors include:

• Negligence. You must prove that the negligence of the business or property owner caused your accident and injuries in order to be entitled to compensation from them. If you have strong evidence that proves this, the strength of your claim and its value will be greater.
• Your fault. If there are legitimate disputes about whether you were partially to blame for causing your accident, this could significantly weaken your case. Virginia follows a very harsh contributory negligence law that prevents you from receiving any damages if you were even one percent negligent.
• Seriousness of your injuries. If you suffered serious injuries that require expensive medical treatments and that cause long-term or permanent limitations in your ability to work and the quality of your life, the value of your claim will be greater.

Let Us Help You Determine How Much Your Claim is Worth

You need the help of a skilled premises liability lawyer who has a track record of success in settling and litigating premises liability cases to accurately determine how much you should receive in your settlement. To learn about our extensive experience in these cases and how we can assist you, call our office to schedule a free case evaluation today.

Related Links: How Long Will it Take to Settle My Premises Liability Case Common Defenses Raised in Premises Liability Cases What Is the Statute of Limitations to File My Premises Liability Case?

 

No. One big mistake that victims of slip and fall and other premises liability accidents make is to agree to give a recorded statement to the negligent party’s insurance company. While the insurance adjuster’s request may seem innocent—it is not—and you could significantly hurt your claim for compensation for your injuries if you agree to give one.

Why the Insurance Company Wants a Recorded Statement

A recorded statement is a question and answer session between you and the insurance adjuster that is tape-recorded and later transcribed into a written document. The insurance company wants you to agree to give one for a few reasons.

The insurance adjuster has a duty to investigate your accident before deciding whether to offer you a settlement. The recorded statement can help him get a better picture of how you were hurt.

However, the insurance adjuster has another reason for wanting your recorded statement—to compare it to any other statements you made. The information he could find would help him to deny your claim or pay you less than you deserve.

Three Reasons Not to Agree to a Recorded Statement

If you know that you were not at fault in causing your accident, you may feel like you have nothing to hide and that agreeing to a recorded statement would not be harmful. However, here are three reasons to just say no:

• Not required. You are not required to give a recorded statement to settle your claim with the insurance company. The insurance adjuster has other ways that he can complete an investigation into the cause of your accident.
• Inconsistent statements. The insurance adjuster is skilled in asking questions that may be confusing or are designed to get you to inadvertently say something that weakens your case. This can include making an inconsistent statement that hurts your credibility or agreeing that your injuries are not that serious. He would use these statements against you in settlement negotiations.
• Court. Your recorded statement could also be used against you in any court hearings or at your jury trial. Even if you said something you did not mean and try to explain this later, your recorded statement could damage how your claim and you are perceived by the judge and jury.

What to Do If the Insurance Company Asks for a Recorded Statement

If the insurance company contacts you and requests that you give a recorded statement, you should politely say no and inform the insurance adjuster that you will have your lawyer contact them. If you have not already hired an experienced premises liability attorney, now is the time to do so—let him handle all communications with the insurance company. To find out how we can aggressively fight for the compensation you deserve, call our Norfolk office to schedule your appointment today.

Related Links: How Long Will it Take to Settle My Premises Liability Case Common Defenses Raised in Premises Liability Cases